In an incident on 04.09.2018;
On this date, a courier who came to the company headquarters insistently stated that he ‘wanted to meet with the company representative’ and said ‘I have come from the Presidency of the Republic, I have come to deliver a magazine that our President sends only to businessmen’, and delivered a magazine with a photograph of our President to the company official by having him sign a document titled ‘Courier Delivery Record’…
After a while, the company official learnt that a proceeding was initiated against the company with the file numbered 2019/… of Ankara 2nd Execution Directorate based on a bond with a value of 600.000 USD…
The company official then filed a complaint to the Chief Public Prosecutor’s Office of ….C. on the one hand -due to the offences of forgery of official documents and qualified fraud-, and on the other hand, filed a negative determination lawsuit (Art. 72 of the EBL) at the Commercial Court of First Instance.
The appeal against the conviction decision given against the defendant from the file numbered 2019/… of the … Heavy Criminal Court for the offences of ‘forgery of official documents’ and ‘qualified fraud’ -according to Articles 37/1, 158, 204, 53 and 63 of the Turkish Criminal Code- was rejected by the 25th Criminal Chamber of the … Regional Court of Appeal. Criminal Chamber of the … Regional Court of Appeals, the … Western Commercial Court of First Instance decided to accept the ‘negative determination lawsuit’ filed by the debtor pursuant to Article 74 of the TCO, but since the defendant-creditor has appealed this decision, the decision has not become final…
Since the defendant-creditor obtained a ‘precautionary attachment decision’ from the court based on the bond worth 600.000 USD and applied this decision on all assets of the debtor (immovables, vehicles, money in the bank, etc.), it was not possible to remove the attachment on these. Because, since these attachments can only be lifted if ‘the proceedings have been cancelled’ pursuant to Article 72/V, c:2 of the EBL, this will only be possible if ‘the judgement in favour of the debtor becomes final’ -that is; after 2-3 years…
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